CHARITABLE SECTOR AGED AND DISABILITY CARE SERVICES (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC3129 and 3134 of 1999)

 

 

REVIEWED AWARD

 

1.  Arrangement

 

Clause Title                                                             Clause Number

 

 

PART B

 

Table 1 ¾ Monetary Rates

Table 2 ¾ Other Rates and Allowances

 

2.  Definitions

 

Unless the context otherwise indicates or requires, the several expressions hereunder defined shall have their respective meanings assigned to them.

 

"Adult Service" means service with an employer during which the worker received a rate of pay not less than the lowest rates fixed by this award for an adult, in the same classification as the worker, or the employee is on the age scale at 18 years and over.

 

"Assistant Cook" means a person employed as such, who, under direct supervision of a chef or cook, assists in the preparation and serving of meals. The number of assistant cooks employed shall not exceed the number of cooks and/or chefs employed. The rate of pay for this classification shall be in accordance with General Services Officer Grade 3.

 

"Association" means the Health and Research Employees' Association of New South Wales.

 

"Butcher" means a person who is required to carry out the required butchering of any meat supplied in bulk.

 

"Catering Officer" means a person who is responsible for catering services.

 

"Chef" means an employee appointed as such who may be required to supervise staff, give necessary instruction in all branches of cooking and be responsible for requisitioning the items necessary for the preparation and serving of meals. The average daily number of meals prepared and served by the kitchens for which the chef is responsible shall determine the grade.

 

"Cook-Grade A" means a person who is working in a kitchen in which meals are prepared for an average of 100 or more persons and who is principally engaged, other than as an assistant to another cook, either:

 

(a)        in the cooking of meats, poultry and fish; or

 

(b)        in the cooking of cakes, pastries and sweets; or

 

(c)        a combination of the work specified in (a) and (b); or

 

(d)        in relieving a chef or other cooks engaged in the work specified in (a), (b) or (c); or

 

(e)        as a cook responsible for supervising the work of other cooks in the kitchen.

 

"Cook-Grade B" means a person employed as a cook, other than as a chef, cook Grade A or an assistant cook.

 

"Day Worker" means an employee who works their ordinary hours from Monday to Friday inclusive and who commences work on such days at or after 5:30 a.m. and before 10:00 a.m., otherwise than as part of a shift system.

 

"Diversional Therapist" - shall mean a person who provides, facilitates and co-ordinates group and individual leisure and recreational activities.  This person must be a graduate from an approved university course which includes: the Associate Diploma and Diploma of Applied Science (Diversional Therapy) at the University of Sydney; Bachelor of Applied Sciences (Leisure and Health) at the University of Sydney; Bachelor of Applied Science (Diversional Therapy) at the University of Western Sydney, Macarthur; the Diploma or Bachelor of Health Sciences (Leisure and health) at Charles Sturt University; the Associate Diploma course in Diversional Therapy conducted by the Cumberland College of Health Sciences; or who has such other qualifications deemed to be equivalent.

 

"Gardener (Qualified)" means an employee appointed as such and who holds a recognised certificate in gardening and horticulture and has four years' gardening experience.

 

"Gardener (Unqualified)" means an employee who is engaged in horticulture, gardening, greenkeeping, floral decoration and all phases of allied works such as rockery building, paving, landscaping and the like and shall include the driving and/or operation of motorised tractor-hauled or mechanical equipment.

 

"General Services Officer-Grade 1 (Junior)" means a general services officer grade 1 under the age of 18 years.

 

"General Services Officer-Grade 1" means an employee who performs any or all of the following duties:  general cleaning duties in such areas as wards, pantries, units, kitchens and recreation areas; household chore type duties; laundry duties using domestic machinery; and seamstress duties.

 

"General Services Officer-Grade 2" means an employee who performs any or all of the following duties:  cleaning associated with pots, pans, stoves, refrigerators or any other kitchen machinery; general kitchen cleaning; high cleaning; inside cleaning; outside cleaning; stripping or sealing floors; portering of residents and/or heavy equipment; operating industrial-type washing machines; loading and unloading of commercial-type washing machines; cleaning of tooth and vomit bowls; sanitising of bed pans and other equipment;  the cooking and/or preparing of light refreshments (e.g. eggs, toast, salad, etc.);  the making of unoccupied beds;  cleaning garbage tins;  sweeping paths;  keeping the outside of buildings clean and tidy;  assisting the gardener in labouring duties, under supervision;  mowing lawns;  and may, in addition, perform the duties contained within General Services Officer, Grade 1.

 

"General Services Officer-Grade 3" means an employee who performs the duties of the previous classifications of handyperson, storesperson, or the duties of an assistant cook, and may in addition perform the duties of a General Services Officer Grade 2.

 

"General Services Officer-Grade 4" means an employee who is wholly or substantially engaged in assisting a therapist, diversional therapist, recreational activities officer, dietitian or hostel supervisor, with routine professional and recreational activity and personal care services, and may in addition perform the duties of a General Services Officer Grade 3. 

 

"Handyperson" means a person employed as such who is regularly required to carry out repairs of a minor nature.  Where no appropriate artisan staff is employed, he/she may be called upon to perform maintenance work, provided however, that for the time involved in performing such maintenance work, he/she shall be paid at the rate prescribed by the industrial award relevant to the work performed.  The rate of pay for this position shall be in accordance with General Services Officer, Grade 3.

 

"Head Gardener (Otherwise)" means a person employed as such who is in charge of at least three other employees, one of whom is a gardener and who is engaged in any or all of the following: horticulture; gardening; greenkeeping; floral decoration; and all phases of allied works such as rockery building, paving, landscaping and the like and shall include the driving and/or operation of motorised tractor hauled or mechanical equipment.

 

"Head Gardener (Qualified)" means a person who is the holder of a certificate in gardening and horticulture or equivalent with four years' gardening experience and who is in charge of at least three other employees, one of whom is a gardener, and who is engaged in any or all of the following: horticulture; gardening; greenkeeping; floral decoration; and all phases of allied works such as rockery building, paving, landscaping and the like and shall include the driving and/or operation of motorised tractor hauled or mechanical equipment.

 

"Hostel Supervisor" means a person employed as such, who is required to supervise hostel staff in the performance of their duties, to carry out administrative and other tasks relevant to the operation of the hostel and the welfare and care of the residents.

 

"Housekeeper" means an employee who is responsible for the supervision of general services staff other than food services and performs the duties of all general services grades as required.

"Laundry Foreperson" means an employee who is required to assist in the supervision of laundry staff and performs laundry duties as required.

 

"Maintenance Supervisor (Tradesperson)" means an employee who has trade qualifications and has overall responsibility for maintenance at the place of employment and may be required to supervise other maintenance staff.

 

"Maintenance Supervisor (Otherwise)" means an employee who is required to perform maintenance duties as required and who may be required to supervise other maintenance staff and has overall responsibility for maintenance at the place of employment.

 

"Personal Care Assistant" means a person who is required to provide personal care to hostel residents as directed.

 

(i)         "Personal Care Assistant-Grade 1" may be required, in addition to domestic duties, to provide assistance to residents within a limited range of duties.

 

(ii)        "Personal Care Assistant-Grade 2" may be required to provide assistance to residents which may include the following range of services:  supervision of daily hygiene; assist with bath or shower; lay out clothes and help with dressing; shave; shampoo; cut nails; bed making; assistance with meals; clean wardrobes.

 

"Recreational Activities Officer" means an employee other than a Diversional Therapist who is responsible for diversional activities of residents.

 

"Shift Worker" means an employee who is not a day worker as defined.

 

"Storesperson" means an employee who is responsible for the receipt and dispatch of store items, loading and unloading and internal transport of items.  The rate of pay for this classification shall be in accordance with General Services Officer Grade 3.

 

3.  Wages

 

Employees shall be paid not less than the rates for the appropriate classification set out in the Part B, Monetary Rates of this award.

 

(i)         Employees shall be paid not less than the rates for the appropriate classification set out in

 

(ii)        The Rates of pay in this award include the adjustments payable under the State Wage Case 2000.  These adjustments may be offset against:

 

(a)        any equivalent overaward payments; and/or

 

(b)        award wage increase since 29 May, 1991 other than safety net adjustments and minimum rates adjustments.

 

4.  Hours

 

(i)

 

(a)        The ordinary hours of work for day workers, exclusive of meal times, shall not exceed 152 hours per 28 calendar days or 76 hours per fortnight to be worked Monday to Friday and to commence on such days at or after 5:30 a.m. and before 10:00 a.m.

 

The ordinary hours of work for shift workers, exclusive of meal times, shall not exceed 152 hours per 28 calendar days or 76 hours per fortnight or an average of 38 hours per week in each roster cycle.

 

 

 

(ii)

 

(a)        The hours of work prescribed in subclause (i) shall be arranged as follows:

 

(1)        152 hours in a 28 calendar-day cycle to be arranged so that each employee shall not work their ordinary hours on more than 19 days in the 28 calendar-day cycle; or

 

(2)        190 hours per 35 calendar days to be arranged so that each employee shall not work his/her ordinary hours on more than 19 days in the 35 calendar-day cycle.

 

(b)        Where this is not possible, the hours of work may be arranged in one of the following ways:

 

(1)        76 hours per fortnight to be arranged so that each employee shall not work their ordinary hours on more than ten days in the fortnight; or

 

(2)        38 hours per week to be arranged so that each employee shall not work his/her ordinary hours on more than five days in the week.

 

(iii)       Each employee shall be entitled to not less than four full days in each fortnight free from duty or two full days in each week free from duty (rostered days off), and such rostered days off shall, where practicable, be consecutive.

 

(iv)       Each shift shall consist of not more than 11 ordinary hours of work per day.  Provided that shifts in excess of ten ordinary hours of work shall not occur on more than 7 consecutive days in any 8-day period.  Provided further that shifts of ten ordinary hours of work or less shall not occur on more than 11 consecutive days in any 12-day period.

 

(v)        Full-time employees shall receive a minimum payment of four hours for each start in respect of ordinary hours of work.  Permanent part-time and casual employees shall receive a minimum payment of two hours for each such start.

 

(vi)      

 

(a)        An employee whose ordinary hours of work are arranged in accordance with paragraph (a) of subclause (ii) above shall be entitled to an allocated day off in each cycle of 28 days or 35 days as the case may be.  The ordinary hours worked on each of those days shall be arranged to include a proportion of one hour on the basis of 0.4 of one hour for each 8-hour shift worked and 0.5 of one hour for each 10-hour shift worked which shall accumulate towards the employee's allocated day off duty on pay.

 

(b)        A full-time employee's allocated day off duty (ADO) shall be determined by mutual agreement between the employee and the employer having regard to the needs of the place of employment or sections thereof.  Such allocated day off duty shall, where practicable, be consecutive with the rostered days off prescribed in subclause (iii) of this clause.  Provided that allocated days off shall not be rostered on public holidays.

 

(c)        Where the employer and the employee agree, up to five allocated days off may be accumulated and taken in conjunction with the employee's annual leave or at another agreed time.

 

(d)        In a hostel which has a bed capacity of 40 or less, the employer shall have the option of granting an employee a nineteen-day four-week cycle or accumulating 12 allocated days off per annum which may be taken in conjunction with the employee's annual leave or at another agreed time.

 

(e)        No time towards an allocated day off shall accumulate during periods of workers' compensation, unpaid parental leave, long service leave, any period of unpaid leave or the statutory four weeks annual leave. However, an employee on returning to duty from the abovementioned leave shall be given the next allocated day off in sequence.

 

(f)         Credit towards an allocated day off shall continue to accumulate whilst an employee is on paid sick leave.  Where an allocated day off duty falls during a period of sick leave, the employee's available sick leave shall not be debited for that day.

 

(vii)      The ordinary hours of work for a permanent part-time employee will be a specified number of hours which are less than those prescribed for a full-time employee in paragraph (b) of subclause (ii) above.  The specified number of hours may be balanced over a week or fortnight, provided that the average weekly hours worked shall be deemed to be the specified number of hours for the purposes of accrual of leave provided for by this award.  Provided further that there shall be no interruption to the continuity of employment merely by reason of an employee working on a "week-on," "week-off" basis in accordance with this subclause.

 

(viii)     Two separate ten-minute tea breaks (in addition to meal breaks) shall be allowed each employee on duty during each ordinary shift of 7.6 hours or more; where less than 7.6 hours ordinary hours are worked employees shall be allowed one 10-minute tea break in each four-hour period.  Subject to agreement between the employer and the employee, the two ten-minute tea breaks may alternatively be taken as one 20-minute tea break, or by one ten-minute tea break with the employee allowed to proceed off duty ten minutes before the completion of the normal shift finishing time.  Such tea break(s) shall count as working time.

 

(ix)       There shall be a minimum break of eight hours between ordinary rostered shifts, which are not broken shifts, on successive days.

 

(x)        Except for meal breaks, all time from the commencement to the cessation of duty each day shall count as working time, except for positions being worked as broken shifts on the 1 December, 1972.  Provided that an employer may apply to the Association for an exemption from this provision to enable broken shifts to be worked.  The Association shall accept or decline the application within 28 days, unless otherwise agreed by the employer. The Association shall not decline the application without good reason.

 

(xi)       With respect to broken shifts:

 

(a)        The time between the commencement and termination of a broken shift shall not exceed 12 hours.

 

(b)        There shall be a minimum break of 12 hours between broken shifts rostered on successive days.  Provided that there may be a minimum break of 10 hours on not more than 12 occasions in a 28-day period.

 

(c)        Where broken shifts are worked, employees shall receive an allowance of the amount set out in Item 1 of Table 2 of Part B, Monetary Rates per shift.

 

5.  Roster of Hours

 

(i)         The ordinary hours of work for each employee shall be displayed on a roster in a place conveniently accessible to employees.  Where practicable, such roster shall be displayed two weeks, but in any case at least one week, prior to the commencing date of the first working period in any roster.

 

(ii)        Subclause (i) shall not make it obligatory for the employer to display any roster of ordinary hours of work of members of the casual or relieving staff.

 

(iii)       Provided further that a roster may be altered at any time to enable the service of the organisation to be carried on where another employee is absent from duty on account of illness or in an emergency.  Where such alteration involves an employee working on a day which would have been his/her rostered day off, such employee may elect to be paid at overtime rates or have a day off in lieu which shall be mutually arranged.  Provided that this provision shall not apply where the only change to the roster of a part-time employee is the mutually agreed addition of extra hours to be worked such that the part-time employee still has two rostered days off in that week or four rostered days off in that fortnight, as the case may be.  Provided further that any alteration to the roster of hours of a day worker must be consistent with the definition of a day worker contained in clause 2, Definitions.

 

(iv)       Where an employee is entitled to an allocated day off duty in accordance with clause 4, Hours of this award, that allocated day off duty is to be shown on the roster of hours for that employee.

 

(v)        Each sleepover shall appear on the roster.

 

6.  Meals

 

(i)         Employees shall not be required to work more than six hours without a meal break.  Such meal break shall be of between 30 and 60 minutes duration and shall not count as time worked.

 

(ii)        Notwithstanding the provisions of subclause (i), an employee required to work shifts in excess of 10 hours shall be entitled to a 60-minute meal break.  Such time shall be taken as either two thirty-minute meal breaks or one 60-minute meal break, subject to agreement between the employer and the employee.

 

(iii)       An employee who is required to work overtime for more than two hours and such overtime goes beyond 7:00 a.m., 1:00 p.m., and 6:00 p.m. shall, at the option of the employer, be supplied with a meal or shall be paid:

 

(a)        an amount set out in Item 2 of Table 2 of Part B, Monetary Rates for breakfast;

 

(b)        an amount set out in Item 3 of Table 2 of Part B, Monetary Rates for luncheon;

 

(c)        an amount set out in Item 4 of Table 2 of Part B, Monetary Rates for the evening meal.

 

7.  Overtime

 

(i)         All time worked by employees outside the ordinary hours in accordance with clause 4, Hours and clause 5, Roster of Hours, shall be paid for at the rate of time and one half up to two hours each day and thereafter at the rate of double time; provided however, that all overtime worked on Sunday shall be paid for at the rate of double time and all overtime worked on public holidays shall be paid for at the rate of double time and one-half.

 

(ii)        Employees who are recalled to work overtime after leaving the employer's premises shall be paid a minimum of four hours at the applicable overtime rate for each time so recalled.  Provided that, except in unforeseen circumstances, an employee shall not be required to work the full four hours if the tasks they were recalled to perform are completed within a shorter period.

 

(iii)

 

(a)        An employee recalled to work overtime pursuant to subclause (ii) shall be reimbursed reasonable travel expenses incurred in respect of the recall to work.

 

(b)        Provided that where an employee elects to use their own vehicle they shall be paid an allowance of the amount set out in Item 5 of Table 2 of Part B, Monetary Rates.

 

(iv)       An employee who works so much overtime between the termination of his ordinary work on any day or shift and the commencement of his ordinary work on the next day or shift that he has not had at least eight consecutive hours off duty between these times, shall, subject to this subclause be released after completion of such overtime until he has eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.  If on the instruction of his employer, such an employee resumes or continues to work without having such eight consecutive hours off duty, he shall be paid at double rates until he is released from duty for such period, and he then shall be entitled to be absent until he has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

(v)        For the purposes of assessing overtime, each day shall stand alone, provided that where any one period of overtime is continuous and extends beyond midnight, all overtime hours in this period shall be regarded as if they had occurred within the one day.

 

(vi)

 

(a)        All time worked by permanent part-time employees and casual employees in excess of the rostered daily ordinary hours of work prescribed for the majority of full-time employees employed on that shift in the ward or section concerned, or, where there is no such majority of full-time employees employed on that shift in the ward or section concerned, all time in excess of 11 hours per day, shall be paid for at overtime rates.

 

Provided that, time worked up to the rostered daily ordinary hours of work prescribed for a majority of the full-time employees employed on that shift in the ward or section concerned shall not be regarded as overtime but an extension of the contract hours for that day and shall be paid at the ordinary rate of pay.

 

(b)        All time worked by permanent part-time employees and casual employees in excess of the hours prescribed for a full-time employee in clause 4, Hours, shall be paid for at overtime rates.

 

8.  Permanent Part-Time Employees

 

(a)        A permanent part-time employee is one who is permanently appointed by a facility to work for a specified number of hours which are less than those prescribed for a full-time employee.

 

(b)        Permanent part-time employees shall be paid an hourly rate calculated on the basis of one thirty-eighth (1/38th) of the appropriate rate prescribed by Part B, Monetary Rates of this award.

 

(c)        Permanent part-time employees shall be entitled to all other benefits of this award not otherwise expressly provided for herein in the same proportion as their ordinary hours of work bear to full-time hours.

 

9.  Casual Employees

 

(i)

 

(a)        A casual employee is one engaged on an hourly basis otherwise than as a full-time employee or permanent part-time employee or part-time worker.

 

(b)        A casual employee may only be engaged in the following circumstances:  for short term periods where there is a need to supplement the workforce arising from fluctuations in the needs of the facility; or in the place of another employee who is absent; or in an emergency.

 

(ii)        A casual employee shall be paid an hourly rate calculated on the basis of one thirty-eighth (1/38th) of the appropriate rate prescribed by Part B, Monetary Rates of this award, plus ten per cent thereof, with a minimum payment of two hours for each start, and one thirty-eighth of the uniform and laundry allowances where a uniform is not supplied in accordance with clause 24, Uniforms and Protective Clothing.

 

(iii)       For weekend and public holiday work, casual employees shall, in lieu of all other penalty rates and the 10% casual loading, receive the rates prescribed in clause 11, Penalty Rates and Shift Allowances and clause 13, Public Holidays.

 

(iv)       Overtime rates shall be payable on the hourly rate (1/38th) in lieu of the 10% casual loading.

 

(v)        For the entitlement to annual leave, see Annual Holidays Act, 1944.

 

(vi)       For the entitlement to long service leave, see Long Service Leave Act, 1955.

 

(vii)      With respect to a casual employee, the provisions of the following clauses shall not apply:

 

clause 5, Roster of Hours; clause 14, Annual Leave; clause 15, Annual Leave Loading; clause 16, Long Service Leave; clause 17, Sick Leave; clause 19, Compassionate Leave; clause 21, Service Allowance:  clause 22, Leading Hands; clause 23, Relieving other Members of Staff; clause 26, Live-In; clause 31, Promotions and Appointments; clause 32, Emergency Telephone Calls; clause 34, Repatriation Leave;  clause 36, Apprentices.

 

10.  Climatic and Isolation Allowance

 

(i)         Subject to subclause (ii) of this clause persons employed in organisations in places situated upon or to the west of a line drawn as herein specified shall be paid an allowance of the amount set out in Item 6 of Table 2 of Part B, Monetary Rates per week in addition to the salary to which they are otherwise entitled.

 

The line shall be drawn as follows:  viz., commencing at Tocumwal and thence to the following towns in the order stated, namely:  Lockhart; Narrandera; Leeton; Peak Hill; Gilgandra; Dunedoo; Coolah; Boggabri; Inverell; and Bonshaw.

 

(ii)        Persons employed in organisations in places situated upon or to the west of a line drawn as herein specified shall be paid an allowance of the amount set out in Item 7 of Table 2 of Part B, Monetary Rates per week in addition to the salary to which they are otherwise entitled.

 

The line shall be drawn as follows: viz., commencing at a point on the right bank of the Murray River opposite Swan Hill (Victoria) and thence to the following towns in the order stated, namely: Hay; Hillston; Nyngan; Walgett; Collarenebri; and Mungindi.

 

(iii)       The allowances prescribed by this clause are not cumulative.

 

(iv)       Except for the computation of overtime the allowances prescribed by this clause shall be regarded as part of salary for the purposes of this award.

 

(v)        An employee who works less than 38 hours per week shall be entitled to the allowances prescribed by this clause in the same proportion as the average hours worked each week bears to thirty-eight ordinary hours.

 

11.  Penalty Rates and Shift Allowances

 

(i)         Employees shall be paid the following percentages in addition to their ordinary rate for shifts rostered as follows:

 

(a)        10% for afternoon shift commencing at or after 10 am and before 1 p.m.

 

(b)        12.5% for afternoon shift commencing at or after 1 pm and before 4 p.m.

 

(c)        15% for night shift commencing at or after 4.00 pm and before 4.00 am.

 

(d)        10% for night shift commencing at or after 4.00 am and before 5.30 am.

 

provided that laundry staff working afternoon or night shift as at 30 September, 1993 shall be paid 20% in addition to the ordinary rate for such shift.  Laundry staff employed after 30 September 1993, and who work afternoon or night shift shall receive the penalty rates prescribed in paragraphs (a) to (d) above.

 

(ii)        Notwithstanding subclause (i), employees working less than the hours prescribed for a full-time employee within clause 4, Hours, shall only be entitled to the additional rates where their shifts commence prior to 5:30 a.m. or finish subsequent to 6:00 p.m.

 

(iii)       Employees shall be paid the following penalties for ordinary hours of work occurring on a Saturday or a Sunday:

 

(a)        for work between midnight on Friday and midnight on Saturday - time and one half.

 

(b)        for work between midnight on Saturday and midnight on Sunday - time and three-quarters.

 

These extra rates shall be in substitution for and not cumulative upon the shift allowances prescribed in the preceding subclauses (i) and (ii) of this clause.

 

(iv)       Employees working a broken shift shall be paid an allowance at the rate set out in Item 1 of Table 2 of Part B, Monetary Rates per shift for each broken shift and the period of time between the commencement and termination of such shift shall not exceed 12 hours.

 

12.  Allowances for Special Working Conditions

 

(i)

 

(a)        Employees other than the drivers of ambulances, buses or other motor vehicles, who are required to drive a vehicle as part of their duties shall be paid in addition to the ordinary rate, an allowance of the amount set out in Item 8 of Table 2 of Part B, Monetary Rates per week for each week in which they are required to drive a vehicle provided that an employee who drives a vehicle for more than ten hours in any week shall be paid the appropriate rate for a motor vehicle driver for the time spent driving, with a minimum payment of the amount set out in Item 8 of Table 2 of Part B, Monetary Rates.  Provided that an employee who drives a vehicle for more than four hours in any one day or shift shall be paid as a motor vehicle driver for that day or shift with a minimum payment of the amount set out in Item 8 of Table 2 of Part B, Monetary Rates.

 

(b)        Provided however, that an employee who drives a vehicle for more than 20 hours in any week shall be paid as a motor vehicle driver for that week.

 

(c)        Provided further that this subclause shall not apply to any employee in receipt of a margin in excess of that prescribed by this award for a motor vehicle driver, provided further that this subclause shall not apply to any employee who is required to relieve a driver of an ambulance, bus or other vehicle, and who is entitled to be paid in accordance with the terms of clause 23, Relieving Other Members of Staff.

 

(ii)

 

(a)        Employees engaged in work of a dirty or offensive nature and/or cleaning or scraping work in confined spaces (such as inside ventilator shafts, air conditioning ducts or the like) shall, whilst so employed, be paid an allowance of the amount set out in Item 9 of Table 2 of Part B, Monetary Rates per hour extra.

 

(b)        Provided however that employees engaged in cleaning or scraping work inside the gas or water space of any boiler, flue or economiser shall, whilst so employed, be paid an allowance of the amount set out in Item 10 of Table 2 of Part B, Monetary Rates per hour extra.

 

(iii)       Employees who are required to assist tradespersons on work of a dirty or offensive nature shall be paid disability allowances under the same terms and conditions as the disability allowances that may be payable to the tradespersons they are assisting.

 

(iv)       Employees shall be paid an allowance of the amount set out in Item 11 of Table 2 of Part B, Monetary Rates per hour or part thereof for all time during which they are engaged in handling linen of a nauseous nature other than linen sealed in bags.

 

(v)        An employee sent for duty to a place other than his regular place of duty shall be paid for all excess travelling time at the appropriate rate of pay and reimbursed excess travelling expenses.

 

13.  Public Holidays

 

(i)         Public holidays shall be allowed to employees without loss of ordinary pay.

 

(ii)        For the purposes of this award, the following shall be deemed to be public holidays:  New Year's Day; Australia Day; Good Friday; Easter Saturday; Easter Monday; Anzac Day; Queen's Birthday; Labour Day; Christmas Day; Boxing Day; and any other day duly proclaimed and observed as a public holiday within the area in which the facility is situated.

 

(iii)

 

(a)        In addition to those public holidays specified in subclause (ii) employees shall be entitled to an extra public holiday each year.  Such public holiday shall occur on the day on which the August Bank Holiday is observed, or at the election of the employer, may be transferred as an additional public holiday to a day between Christmas and New Year.

 

(b)        Any individual employer wishing to transfer the August Bank Holiday shall nominate before July 1 of each calendar year, the date on which the additional public holiday is to be observed.  Such date shall occur within the days Monday to Friday inclusive and shall not coincide with a date that is already a gazetted public holiday for that calendar year.  Once such an election is made, such date then becomes the date on which the additional public holiday is to be observed for all workers in that establishment covered by this award.

 

(c)        The foregoing will not apply in areas where in each year, a day in addition to the ten named public holidays specified in subclause (ii) is proclaimed and observed as a public holiday, and will not apply in those other areas where, in each year at least two half-days, in addition to the ten named public holidays specified in the said subclause (ii), are proclaimed and observed as half public holidays.

 

(d)        Provided further, that in areas where in each year, only one half-day in addition to the ten named public holidays specified in subclause (ii) is proclaimed and observed, the whole day will be regarded as a public holiday for the purposes of this award, and no additional public holiday which would otherwise result from this subclause will be observed.

 

(iv)       An employee who is required to and does work on any public holiday prescribed in this clause shall be paid in lieu of all other shift allowances (except broken shift allowances), weekend penalties, casual loading and part-time loading, as follows:

 

(a)        Full-time Employees -

 

(1)        Half-time extra for all time actually worked, plus one day's pay in addition to the weekly rate.

 

Alternatively, if the employee elects:

 

(2)        Half-time extra for all time worked in addition to the weekly rate and have one ordinary working day added to be taken in conjunction with the period of annual leave.

 

(b)        Permanent Part-time Employees -

 

(1)        Time and one-half extra for all time worked, in addition to the weekly rate.

 

Alternatively, if the employee elects:

 

(2)        Half-time extra for all time worked in addition to the weekly rate and have the equivalent number of hours worked added to be taken in conjunction with the period of annual leave.

 

(c)        Casual Employees - Double time and one-half for all time worked.

 

(v)        Full-time shift-workers rostered off duty on a public holiday shall:

(a)        be paid one day's pay in addition to the weekly rate;  or

 

(b)        if the employee so elects have one day added to be taken in conjunction with their period of annual leave.

 

(vi)       The election referred to in subclauses (iv) and (v) is to be made in writing by the employee at the commencement of each year of employment and is irrevocable during that period of employment.

 

14.  Annual Leave

 

(i)         All employees shall be entitled to the provisions of the Annual Holidays Act 1944.

 

(ii)        Full-time employees and permanent part-time employees who are rostered to work their ordinary hours on Sundays and/or public holidays shall be entitled to receive additional annual leave if, during a qualifying period of employment for annual leave purposes they have worked:

 

Full-time Employees               Permanent part-time Employees

 

3 shifts or less                                      Nil                                              0

4 - 10 shifts                                           one day                                    0.2 weeks

11 - 17 shifts                                         two days                                  0.4 weeks

18 - 24 shifts                                         three days                                0.6 weeks

25 - 31 shifts                                         four days                                  0.8 weeks

32 or more shifts                                  five days                                  1 week.

 

Provided that a full-time employee, entitled to additional annual leave by virtue of this subclause, may elect to be paid an amount equivalent to the value of his or her additional leave entitlements in lieu of taking the additional leave.  Such election is to be made in writing by the employee at the commencement of each year of employment and is irrevocable during the currency of that year of employment.

 

(iii)       Provided that on termination of employment, employees shall be entitled to payment for any untaken annual leave due under subclause (ii) together with payment for any leave in respect of an uncompleted year of employment calculated in accordance with subclause (ii).

 

(iv)       Employees entitled to allocated days off duty in accordance with subclause (vi) of clause 4, Hours, shall accrue credits towards an allocated day off duty in respect of each day those employees are absent on additional annual leave in accordance with subclause (ii) of this clause and subclauses (iv) and (v) of clause 13, Public Holidays.

 

15.  Annual Leave Loading

 

(i)         Employees shall be entitled to annual leave loading of 17.5% on four weeks of the appropriate weekly rate of pay, or shift allowances and weekend penalties as set out in subclause (ii) of this clause, whichever is the greater.

 

(ii)        A shift worker, as defined in clause 2, Definitions, shall be paid whilst on annual leave his ordinary pay plus shift allowances and weekend penalties relating to ordinary time the shift worker would have worked if he had not been on annual leave.  Provided that shift allowances and weekend penalties shall not be payable for public holidays which occur during a period of annual leave or for days which have been added to annual leave in accordance with the provisions of clause 13, Public Holidays.

 

(iii)       No loading is payable where the annual leave is taken wholly or partly in advance, provided however, that if the employment of such an employee continues until their next anniversary date, the loading then becomes payable.

 

 

 

 

16.  Long Service Leave

 

(i)

 

(a)        Each employee shall be entitled to two months long service leave on full pay after ten years' service; thereafter additional long service leave shall accrue on the basis of five months long service leave for each ten years' service.

 

(b)        Where the services of an employee with at least five years' service as an adult are terminated by the employer for any reason other than the employee's serious and wilful misconduct, or by the employee on account of illness, incapacity or domestic or other pressing necessity, or by reason of the death of the employee, he/she shall be entitled to be paid a proportionate amount on the basis of two months for ten years service.  For the purpose of this subclause "service as an adult" means service with an employer during which the employee received a rate of pay not less than the lowest rates fixed under this award for an adult male or adult female, as the case may be, in the same classification as the employee.

 

(ii)        For the purpose of subclause (i) of this clause:

 

(a)        service shall mean continuous service with any one employer/organisation;

 

(b)        service shall not include any period of leave without pay except in the case of employees who have completed at least ten years service (any period of absence without pay being excluded therefrom) in which case service shall include any period without pay not exceeding six months taken after 1 June, 1980;

 

(iii)       The employer shall give to each worker at least one month's notice of the date from which it is proposed that the worker's long service leave shall be given and taken.  Long service leave shall be taken as soon as practicable having regard to the needs of the facility, or where the employer and the employee agree, such leave may be postponed to an agreed date.

 

(iv)

 

(a)        On the termination of employment of an employee, otherwise than by his death, an employer shall pay to the employee the monetary value of all long service leave accrued and not taken at the date of such termination and such monetary value shall be determined according to the salary payable to the employee at the date of such termination.

 

(b)        Where an employee who has acquired a right to long service leave, or after having had five years' service as an adult and less than ten years' service dies, the widow or the widower of such employee or if there is no such widow or widower, the children of such employee, or if there is no such widow, widower or children such person who, in the opinion of the employer, was at the time of the death of such an employee, a dependent relative of such employee shall be entitled to receive the monetary value of the leave not taken or which would have accrued to such employee had his services terminated as referred to in paragraph (b) of subclause (i) of this clause and such monetary value shall be determined according to the salary payable to the employee at the time of his death.

 

Where there is a guardian of any children entitled under this paragraph the payment to which such children are entitled may be made to such guardian for their maintenance, education and advancement.

 

Where there is no person entitled under this paragraph to receive the monetary value of leave payable under the foregoing provisions payment in respect thereof shall be made to the legal personal representative of such employee.

 

(v)        Full-time and permanent part-time employees shall be entitled to have previous part-time service as a part-time worker which is the equivalent of at least two full days' duty per week taken into account for long service leave purposes in conjunction with full-time and/or permanent part-time service on the basis of the proportion that the actual number of hours worked each week bears to forty hours up until 30 April, 1985 and bears to 38 hours on and from 1 May, 1985, provided the part-time service as a part-time worker merges without break with the subsequent full-time service or permanent part-time employment.

 

(vi)       Where an employee has been granted a period of long service leave prior to the coming into force of this award, the amount of such leave shall be debited against the amount of leave due under this award.

 

17.  Sick Leave

 

(i)         An employee shall not be entitled to sick leave until after three months' continuous service with the same employer.

 

(ii)        A full-time employee shall be entitled to sick leave on full pay by allowing 76 rostered ordinary hours of work for each year of continuous service.

 

(iii)       Permanent Part-time employees shall be entitled to sick leave in the same proportion of seventy six hours as the average weekly hours worked over the preceding 12 months or from the time of the commencement of employment, whichever is the lesser, bears to 38 ordinary hours of one week for each year of continuous service. Such entitlements shall be subject to all the conditions applying to full-time employees.

 

(iv)       An employee shall notify his/her employer of an absence from work due to illness or injury prior to the commencement of his/her rostered shift or as soon as practicable thereafter, and shall inform the employer of the expected duration of the absence.

 

(v)        All periods of sickness shall be certified to by a legally qualified medical practitioner, provided however, that the employer may dispense with the requirement of a medical certificate where the absence does not exceed two consecutive days or where in the employer's opinion the circumstances are such as not to warrant such requirements.

 

(vi)       The employer shall not change the rostered hours of work of an employee fixed by the roster or rosters applicable to the seven days immediately following the commencement of sick leave merely by reason of the fact that the employee is on sick leave.

 

(vii)      An employee shall not be entitled to sick leave on full pay for any period in respect of which such employee is entitled to workers' compensation payments at full ordinary rate; provided however, that where an employee is not in receipt of such full ordinary compensation rate, an employer shall pay to an employee who has sick leave entitlements under this clause, the difference between the amount received as workers' compensation and full pay.

 

The employee's sick leave entitlement under this clause shall for each week during which such difference is paid, be reduced by the proportion of hours which the difference bears to full pay.  On the expiration of available sick leave, weekly compensation payments only shall be payable.

 

Provided that this subclause shall not apply where an employee unreasonably refuses to undergo a rehabilitation programme.

 

(viii)     For the purpose of determining a full-time employee's sick leave credit as at 1 May, 1985, sick leave entitlement shall be proportioned on the basis of 76:80.

 

(ix)       For the purposes of this clause, service shall mean continuous service with any one employer/organisation.

 

(x)        Any unused sick leave shall remain to the employee's credit.

 

18.  State Personal/Carer’s Leave Case - August 1996

 

(1)        Use of Sick Leave -

(a)        An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c), who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in clause 17, Sick Leave, for absences to provide care and support, for such persons when they are ill.  Such leave may be taken for part of a single day.

 

(b)        The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person.  In normal circumstances, an employee must not take carer’s leave under this subclause where another person has taken leave to care for the same person.

 

(c)        The entitlement to use sick leave in accordance with this subclause is subject to:

 

(i)         the employee being responsible for the care of the person concerned; and

 

(ii)        the person concerned being:

 

(A)      a spouse of the employee;  or

 

(B)       a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person;  or

 

(C)       a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee;  or

 

(D)       a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis;  or

 

(E)       a relative of the employee who is a member of the same household, where for the purposes of this subparagraph:

 

1.          "relative" means a person related by blood, marriage or affinity;

 

2.          "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other;  and

 

3.          "household" means a family group living in the same domestic dwelling.

 

(d)        An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person’s relationship to the employee, the reasons for taking such leave and the estimated length of absence.  If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

(2)        Unpaid Leave for Carer’s Leave Purposes - An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.

 

(3)        Annual Leave -

 

(a)        An employee may elect, with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.

 

(b)        Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under the Annual Holidays Act 1944.

 

(4)        Time Off in Lieu of Payment -

 

(a)        An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.

 

(b)        Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.

 

(c)        If, having elected to take time as leave in accordance with paragraph (a) of this subclause, the leave is not taken for whatever reason payment for the time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination.

 

(d)        Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.

 

(5)        Make-up Time -

 

(a)        An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours payable at the ordinary rate of pay, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

 

(b)        An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.

 

(6)        Allocated Days Off -

 

(a)        An employee may elect, with the consent of the employer, to take an allocated day off at any time.

 

(b)        An employee may elect, with the consent of the employer, to take allocated days off in part day amounts.

 

(c)        An employee may elect, with the consent of the employer, to accrue some or all allocated days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee or subject to reasonable notice by the employee or the employer.

 

(d)        This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.

 

19.  Compassionate Leave

 

(i)         Compassionate leave with pay shall be granted only in extraordinary or emergent circumstances where an employee is forced to be absent from duty because of an urgent pressing necessity, and such leave as is granted should be limited to the time necessary to cover the immediate emergency.

 

An absence occasioned by personal exigencies which might fairly be regarded as an obligation on the employee, rather than the employer, may be covered by the grant of leave without pay, or if the employee so desires, charged against available annual leave credits.

 

(ii)        Compassionate leave shall be granted on the following principles:

 

 

 

 

 

(a)       

 

(1)        Employees shall be entitled to compassionate leave with respect to the death and/or funeral of parents, parents-in-law, spouse, child, sibling, grandparent, grandchild, daughter-in-law, son-in-law, sister-in-law and brother-in-law.

 

Compassionate leave is available to employees living in a bona fide de facto relationship.  In determining the existence of a bona fide de facto relationship, the requirements set out in the De Facto Relationships Act, 1984, No. 147, would be appropriate, i.e., "de facto relationship means the relationship between de facto partners, being the relationship of living or having lived together as husband and wife on a bona fide domestic basis although not married to each other".

 

(2)        In general, compassionate leave with pay should be limited to one day, provided that where the employee is involved in making funeral arrangements, travelling etc., leave may be allowed for up to three days.

 

(3)        Leave with pay would not ordinarily be granted for the death or attendance at the funeral of a relative other than those mentioned, unless special circumstances exist, e.g., the employee resided with the deceased.

 

Where an illness in the family causes an immediate emergency, sufficient leave should be granted to meet the immediate emergencies and to allow the employee to make any other arrangements considered necessary.  Except in very special cases, such leave with pay should be limited to one day and where no one but the employee was available to care for the sick family member.

 

Compassionate leave may also be granted in cases of unforeseen emergencies which clearly prevent attendance for duty, e.g. flood, bush fires etc.

 

(iii)       Only under the most exceptional circumstances shall compassionate leave be granted for a period exceeding three working days within any one year.  This is provided that additional leave may be granted by the employer in exceptional circumstances.

 

20.  Payment and Particulars of Wages

 

(i)         Wages shall be paid weekly or fortnightly, provided that, for the purpose of adjustments of wages related to alterations in the basic wage, from time to time effective, the pay period shall be deemed to be weekly.

 

(ii)        On each pay day the pay shall be made up to a day not more than five days prior to the day of payment.

 

(iii)       Employees shall have their wages paid by direct deposit or electronic transfer into one account with a bank or other financial institution in New South Wales as nominated by the employee except where agreement as to payment by cash or cheque has been reached between the Association and the employer due to the isolation of the place of employment and/or the limited number of employees.

 

(iv)       Wages shall be deposited by the employer in sufficient time to ensure that wages are available for withdrawal by employees by the close of business on pay day.  Where the wages are not available to the employee by such time due to circumstances beyond the employers control, the employer shall not be held accountable for such delay.

 

(v)        Where the services of an employee are terminated with due notice, all moneys owing shall be paid upon cessation of employment, but in the case of termination without due notice, within three working days.

 

(vi)       On pay-day each employee shall be provided with a pay slip which specifies the following particulars:

 

(a)        name and date of payment;

 

(b)        the period for which the payment is made;

(c)        the gross amount of wages, including overtime and other earnings;

 

(d)        the ordinary hourly rate;

 

(e)        the amount paid as overtime or such information as will enable the amount paid as overtime to be calculated by the employee;

 

(f)         the amount of other earnings and the purpose for which they are paid;

 

(g)        the amount deducted for taxation purposes;

 

(h)        the particulars of all other deductions; and

 

(i)         the net amount paid.

 

(vii)      Where an employer has overpaid an employee, the employer shall notify the employee of such overpayment and how such overpayment is made up, in writing, and may recover such amounts, with the agreement of the employee as to the amount of the overpayment and method of such recovery.  This subclause authorises the use of deductions from wages for the purpose of such recovery. All such deduction from wages must be authorised in writing by the employee.

 

21.  Service Allowance

 

(i)         All employees appointed prior to 1 June 1980, shall after 10 years' continuous service with the same organisation, be paid by the said organisation in addition to the rates prescribed in Part B, Monetary Rates of this award, a service allowance in the following manner:

 

For 10 years of service but less than 15 years         5%

For 15 years of service but less than 20 years         7½%

For 20 years of service and over                                %.

 

(ii)        Payments due under this clause will be made on the usual pay day when other payments under the award are made.

 

(iii)       Continuous service in the same organisation, prior to the commencement of this award shall be taken into account when computing service for the purposes of this clause.

 

(iv)       Continuous service shall be deemed not to have been broken by absence from the organisation due to membership of the defence forces of the Commonwealth in time of war or during any period of special leave for members of the Military Reserve Forces.

 

22.  Leading Hands

 

(i)         A leading hand is an employee who is placed in charge of not less than two (2) other employees of a substantially similar classification, but does not include any employee whose classification denotes supervisory responsibility.

 

(ii)        A leading hand shall be paid a weekly allowance of the amount specified by the item number in accordance with the following scale:

 

Item Number of Table 2 of Part B, Monetary Rates

 

In charge of 2-5 other employees                  tem 12

In charge of 6-10 other employees                tem 13

In charge of 11-15 other employees Item 14

In charge of 16-19 other employees Item 15

 

(iii)       This allowance shall be part of salary for all purposes of this award.

 

23.  Relieving Other Members of Staff

 

(i)         An employee when called upon by the employer to relieve another employee paid on a higher scale shall be paid for the time so spent at the rate prescribed for the classification of the employee so relieved.

 

(ii)        This clause shall not apply when an employee in a higher grade is absent from duty by reason of their allocated day off duty.

 

24.  Uniforms and Protective Clothing

 

(i)

 

(a)        Subject to paragraph (c) of this subclause, sufficient suitable and serviceable uniforms or overalls shall be supplied free of cost, to each employee required to wear them.  An employee to whom a new uniform or part of a uniform has been supplied by the organisation, who fails to return the corresponding article last supplied, shall not be entitled to have such article replaced without payment for it at a reasonable price, in the absence of a satisfactory reason for the loss of such article or failure to produce such uniform or part thereof.

 

(b)        Upon termination, an employee shall return any uniform or part thereof supplied by the organisation which is still in use by the employee, immediately prior to leaving.

 

(c)        In lieu of supplying a uniform to an employee, the organisation may pay to such employee the sum set out in Item 16 of Table 2 of Part B, Monetary Rates per week, provided however, that if the uniform includes a cardigan or special-type shoes, an additional sum as set out in Item 17 of Table 2 of Part B, Monetary Rates per week shall be paid.

 

(d)        If the uniform of the employee is not laundered at the expense of the organisation, an allowance of the amount set out in Item 18 of Table 2 of Part B, Monetary Rates per week shall be paid to the employee.

 

(ii)        Each employee whose duties require them to work out of doors shall be supplied with overboots.  Sufficient raincoats shall also be made available for use by these employees.

 

(iii)       Each employee whose duties require them to work in a hazardous situation with or near machinery shall be supplied with appropriate protective clothing and equipment.

 

25.  Sleepovers

 

(i)         Hostel employees may be required in addition to normal rostered shifts to sleepover.  A sleepover means sleeping in at night in order to be on call for emergencies.

 

(ii)        The following conditions shall apply to each night of sleepover:

 

(a)        The span for a sleepover shall be not less than 8 hours nor more than 10 hours on any one night.

 

(b)        Employees shall be provided with free board and lodging for each night on which they are required to sleep over.

 

(c)        Employees shall be provided with a separate room with a bed and use of staff facilities.

 

(d)        In addition to the provision of free board and lodging for such nights, the employee shall be entitled to a sleepover allowance of the amount set out in Item 19 of Table 2 of Part B, Monetary Rates for each night on which they sleepover.

 

(e)        No work other than that of an emergency nature involving the direct care of residents shall be required to be performed during any sleepover.

 

(f)         An employee directed to perform work other than that of an emergency nature during any sleepover shall be paid the appropriate hourly rate from the start of the sleepover to the end of the non-emergency work, or from the start of the non-emergency work to the end of the sleepover, whichever is the lesser, in addition to the sleepover allowance in paragraph (d).

 

(g)        All time worked during any sleepover shall count as time worked and be paid for in accordance with the following provisions:

 

(1)        All time worked by full-time employees during any sleepover shall be paid for at overtime rates.

 

(2)        All time worked by part-time workers during any sleepover shall be paid for at ordinary rates; provided that if the total number of hours worked in the week exceeds 38 hours, or exceeds 76 hours in the fortnight as the case may be, then the excess hours worked in that week or fortnight, as the case may be, shall be paid for at overtime rates.

 

(3)        All time worked by permanent part-time employees and casual employees during any sleepover shall be paid for at ordinary rates; provided that, if the total number of hours worked on that day exceeds the number of hours worked by full-time employees, or eleven hours where there are no such full-time employees, then the excess hours worked on that day shall be paid for at overtime rates; and provided further that if the total number of hours worked in the week exceeds 38 hours, or exceeds 76 hours in the fortnight as the case may be, then the excess hours worked in that week or fortnight, as the case may be, shall be paid for at overtime rates.

 

(4)        And provided further that where the employee does not have eight consecutive hours off duty between ordinary rostered duty on successive days, then the provisions of paragraph (j) of this subclause will apply.

 

(h)        A sleepover may be rostered to commence immediately at the conclusion of the employee's shift and continuous with that shift; and/or immediately prior to the employee's shift and continuous with that shift, and not otherwise.

 

(i)         No employee shall be required to sleepover during any part of their rostered days off and/or allocated days off provided for in subclauses (iii) and (vi) of clause 4, Hours.

 

(j)         An employee (whether a full-time employee, permanent part-time employee or casual employee) who performs so much work during sleepover periods between the termination of their ordinary work on any day or shift and the commencement of their ordinary work on the next day or shift that they have not had at least eight consecutive hours off duty between these times shall, subject to this subclause, be released after completion of such work until they have had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.  If on the instruction of the employer such an employee resumes or continues to work without having such eight consecutive hours off duty they shall be paid at double time of the appropriate rate applicable on such day until they are released from duty for such period and they then shall be entitled to be absent until they have had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

(k)        Casual employees may only be used for sleepovers when full-time employees or permanent part-time employees are not available for that duty and in no case shall casual employees be used exclusively or almost exclusively for sleepovers.

 

(iii)       Nothing in this clause shall preclude the employer from rostering an employee to work shift work in lieu of undertaking sleepovers.

 

26.  Live-in

 

Hostel Supervisors required to live in shall be provided with full board and lodging free of charge.  Where such hostel supervisors are rostered off duty, other appropriate staff shall be available.

 

27.  Grievance and Dispute Resolution Procedures

 

(i)         The following procedures shall be followed in relation to grievances of individual employees:

 

(a)        The employee is required to notify the employer, preferably in writing, as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.

 

(b)        A grievance must initially be dealt with as close to the source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

(c)        Reasonable time limits must be allowed for discussion at each level of authority.

 

(d)        At the conclusion of the discussion, the employer must provide a response to the employee's grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.

 

(ii)        The following procedure shall be followed in relation to disputes, etc., between employers and their employees:

 

(a)        A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

(b)        Reasonable time limits must be allowed for discussion at each level of authority.

 

(iii)       In the case of employers who employ not more than 20 employees, or where the management structure is such that all employees are subject to the direct supervision and control of the employer, graduated steps for further discussion and resolution at higher levels do not apply.

 

(iv)       Whilst any of the above procedures are being followed, normal work must continue.

 

(v)        For any of the above procedures, the employer may be represented by an industrial organisation of employers and the employee(s) may be represented by an industrial organisation of employees.

 

(vi)       The industrial organisation representing employees reserves the right to vary this procedure where it is considered a safety factor is involved.

 

28.  Anti-Discrimination

 

(i)         It is intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marit6al status, disability, homosexuality, transgender identity and age.

 

(ii)        It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

(iii)       Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

(iv)       Nothing in this clause is to be taken to affect:

 

(a)        any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b)        offering or providing junior rates of pay to persons under 21 years of age;

 

(c)        any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

(d)        a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

(v)        This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

NOTES -

 

(a)        Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(b)        Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in this Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion.

 

29.  Attendance at Meetings and Fire Drills

 

(i)         Any employee required to attend Occupational Health and Safety Committee and/or Board of Management meetings in the capacity of employee representative shall, if such meetings are held outside the ordinary hours of work, be entitled to receive payment at the "ordinary rate" for the actual time spent in attendance at such meetings.  In lieu of receiving payment, employees may, with the agreement of the employer, be permitted to be free from duty for a period of time equivalent to the period spent in attendance at such meetings.  Such time spent shall not be viewed as overtime for the purposes of this award.

 

(ii)        Any employee required to work outside the ordinary hours of work in satisfaction of the requirements for compulsory fire safety practices, (e.g. fire drill and evacuation procedures) contained from time to time within the Nursing Homes Act, 1988, and the regulations made thereunder, shall be paid for time spent in attendance at their ordinary rate where such time is concurrent or continuous with their shift on that day.  Where such time spent in attendance is not continuous with their shift, then the provision of clause 7, Overtime shall apply.

 

30.  Labour Flexibility

 

(i)         An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training.  Such duties may include work which is incidental or peripheral to the employee's main tasks provided that such duties are not designed to promote deskilling.

 

(ii)        The employer may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained or has otherwise acquired the necessary skills in the use of such tools and equipment.

 

(iii)       Any direction issued by the employer pursuant to subclause (i) and/or (ii) shall be consistent with the employer's responsibility to provide a safe and healthy working environment for employees and the employer's duty of care to residents.

 

31.  Promotions and Appointments

 

Promotion and/or appointment shall be by merit, provided however that no employee with a claim to seniority shall be passed over without having his/her claim considered.

 

32.  Emergency Telephone Calls

 

An employee required to answer emergency telephone calls outside of ordinary working hours, but not recalled to duty, shall be reimbursed rental charges on such telephone calls on production of receipted accounts.  Provided that, where an employee is required to answer out of hours telephone calls on a relief basis, he/she shall be paid (1/12th) of his/her yearly telephone rental for each month or part thereof he/she is so employed.

 

33.  Parental Leave

 

(i)         All employees are entitled to paternity leave in accordance with the provisions of the Industrial Relations Act 1996.

 

(ii)

 

(a)        Full-time employees and permanent part-time employees are eligible for paid maternity leave and paid adoption leave in accordance with the following provisions:

 

(1)        Full-time employees are eligible for paid maternity leave and paid adoption leave when they have completed at least 40 weeks' continuous service of not less than 31¼ hours per week prior to the expected date of birth or prior to the date of taking custody of the child.

 

(2)        Permanent part-time employees are eligible for paid maternity leave and paid adoption leave when they have completed at least 40 weeks' continuous service.

 

(b)        Employees who are eligible for paid maternity leave and paid adoption leave are entitled to maternity leave and adoption leave as follows:

 

(1)        Paid Leave

 

(A)      Paid Maternity Leave - an eligible employee is entitled to nine weeks paid maternity leave at the ordinary rate of pay from the date the maternity leave commences.

 

Maternity leave may commence up to nine weeks prior to the expected date of birth.  It is not compulsory for an employee to take this period off work.  However, if an employee decides to work during this period, it is subject to the employee being able to satisfactorily perform the full range of normal duties.

 

(B)       Paid Adoption Leave - an eligible employee is entitled to paid adoption leave of three weeks from and including the date of taking custody of the child. 

 

Paid maternity leave and paid adoption leave may be paid:

 

(i)         on a normal fortnightly basis;

 

(ii)        in advance in a lump sum;

 

(iii)       at the rate of half pay over a period of 18 weeks on a regular fortnightly basis for maternity leave and at the rate of half pay over a period of six weeks on a regular fortnightly basis for adoption leave.

 

Annual and/or long service leave credits can be combined with periods of maternity leave or adoption leave on half pay to enable an employee to remain on full pay for that period.

 

(2)        Unpaid Leave

 

(A)      Unpaid Maternity Leave - An employee is entitled to a further period of unpaid maternity leave of not more than twelve months after the actual date of birth of the child.

 

(B)       Unpaid Adoption Leave - An employee is entitled to unpaid adoption leave as follows:

 

(i)         where the child is under the age of 12 months - a period of not more than 12 months from the date of taking custody;

(ii)        where the child is over the age of 12 months - a period of up to 12 months, such period to be agreed upon by both the employee and the employer.

 

(c)        An employee who has once met the conditions for paid maternity leave and paid adoption leave will not be required to again work the 40 weeks' continuous service in order to qualify for a further period of maternity leave or adoption leave, unless:

 

(1)        there has been a break in service where the employee has been re-employed or re-appointed after a resignation, medical retirement or after her services have been otherwise dispensed with;  or

 

(2)        the employee has completed a period of leave without pay of more than 40 weeks.  In this context, leave without pay does not include sick leave without pay, maternity leave without pay, or leave without pay associated with an illness or injury compensable under the Workers' Compensation Act.

 

(d)        An employee who intends to proceed on maternity leave should formally notify her employer of such intention as early as possible, so that arrangements associated with her absence can be made.  Written notice of not less than eight weeks prior to the commencement of the leave should accordingly be given.  This notice must include a medical certificate stating the expected date of birth and should also indicate the period of leave desired.

 

(e)        In the case of notification of intention to take adoption leave, due to the fact that an employee may be given little notice of the date of taking custody of a child, employees who believe that, in the reasonably near future, they will take custody of a child, should formally notify their employer as early as practicable of the intention to take adoption leave.  This will allow arrangements associated with the adoption leave to be made.

 

(f)         After commencing maternity leave or adoption leave, an employee may vary the period of her maternity leave or adoption leave, once, without the consent of the employer and otherwise, with the consent of the employer.  A minimum of four weeks' notice must be given, although an employer may accept less notice if convenient.

 

(g)        Any person who occupies the position of an employee on maternity leave or adoption leave must be informed that the employee has the right to return to her former position.  Additionally, since an employee also has the right to vary the period of her maternity leave or adoption leave, offers of temporary employment should be in writing, stating clearly the temporary nature of the contract of employment.  The duration of employment should also be set down clearly, to a fixed date or until the employee elects to return to duty, whichever occurs first.

 

(h)        When an employee has resumed duties, any period of full pay leave is counted in full for the accrual of annual and long service leave and any period of maternity leave or adoption leave on half pay is taken into account to the extent of one-half thereof when determining the accrual of annual and long service leave.

 

(i)         Except in the case of employees who have completed ten years service the period of maternity leave or adoption leave without pay does not count as service for long service leave purposes.  Where the employee has completed ten years service the period of maternity leave or adoption leave without pay shall count as service for long service leave purposes provided such leave does not exceed six months.

 

(j)         Maternity leave or adoption leave without pay does not count as service for incremental purposes.  Periods of maternity leave or adoption leave on full pay and at half pay are to be regarded as service for incremental progression on a pro-rata basis.

 

(k)        Where public holidays occur during a period of paid maternity leave or adoption leave, payment is at the rate of maternity leave or adoption leave received, that is the public holidays occurring in a period of full pay maternity leave or adoption leave are paid at the full rate and those occurring during a period of half pay leave are paid at the half rate.

 

(l)         If because of an illness associated with her pregnancy an employee is unable to continue to work then she can elect to use any available paid leave (sick, annual and/or long service leave) or to take sick leave without pay.

 

(m)       Where an employee is entitled to paid maternity leave, but because of illness, is on sick, recreation, long service leave, or sick leave without pay prior to the birth, such leave ceases nine weeks prior to the expected date of the birth.  The employee then commences maternity leave with the normal provisions applying.

 

(n)        Where, because of an illness or risk associated with her pregnancy, an employee cannot carry out the duties of her position, an employer is obliged, as far as practicable, to provide employment in some other position that she is able to satisfactorily perform.  A position to which an employee is transferred under these circumstances must be as close as possible in status and salary to her substantive position.

 

(o)        In the event of a miscarriage any absence from work is to be covered by the current sick leave provisions.

 

(p)        In the case of stillbirth, an employee may elect to take sick leave, subject to the production of a medical certificate, or maternity leave.  She may resume duty at any time provided she produces a doctor's certificate as to her fitness.

 

(q)        An employee who gives birth prematurely, and prior to proceeding on maternity leave shall be treated as being on maternity leave from the date leave is commenced to have the child.  Should an employee return to duty during the period of paid maternity leave, such paid leave ceases from the date duties are resumed.

 

(r)         An employee returning from maternity leave or adoption leave has the right to resume her former position.  Where this position no longer exists the employee is entitled to be placed in a position nearest in status and salary to that of her former position and for which the employee is capable or qualified.

 

(s)        Employees may make application to their employer to return to duty for less than the full-time hours they previously worked by taking weekly leave without pay.  Such return to work is to be according to the following principles:

 

(1)        the period is to be limited to twelve months after which the full-time duties must be resumed;

 

(2)        the employee is to make an application for leave without pay to reduce her full-time weekly hours of work.  This application should be made as early as possible to enable the employer to make suitable staffing arrangements.  At least four weeks' notice must be given;

 

(3)        the quantum of leave without pay to be granted to individual employees is to be at the absolute discretion and convenience of the employer;

 

(4)        salary and conditions of employment are to be adjusted on a basis proportionate to the employee's full-time hours of work, that is for long service leave the period of service is to be converted to the full-time equivalent and credited accordingly.

 

(5)        Full-time employees who return to work under this arrangement remain full-time employees.

 

(t)         Where an Employee Becomes Pregnant Whilst on Maternity Leave, a Further Period of Maternity Leave May be Granted.  Should This Second Period of Maternity Leave Commence During the Currency of the Existing Period of Maternity Leave, then Any Residual Maternity Leave from the Existing Entitlement Lapses.

34.  Repatriation Leave

 

(i)         Employees who are ex-servicemen or ex-servicewomen may be granted special leave in one or more periods up to a maximum of 6½ working days in any period of twelve months without deduction from annual or sick leave credits for the following purposes in connection with an accepted war-caused disability or in connection with an application to the Repatriation Department for a disability to be so accepted:

 

(a)        to attend a hospital or clinic or visit a medical officer in that regard;

 

(b)        to attend a hospital, clinic or medical officer or to report for periodical examination or attention;

 

(c)        to attend limb factories for the supply, renewal and repair of artificial replacements and surgical appliances.

 

(ii)        Employees are to provide the employer with documentary evidence as to the attendance prior to the payment of special leave being granted.

 

35.  Association Representative

 

An employee appointed Association representative shall, upon notification thereof in writing to the organisation, within 14 days of such appointment, or as soon as practicable thereafter, be recognised as the accredited representative of the Association and shall be allowed the necessary time, during working hours, to interview the employer on matters affecting employees.

 

36.  Apprentices

 

(i)         Indentured apprentice means an employee who is serving a period of training under an indenture for the purpose of rendering them fit to be a qualified worker in an industry.  Apprentices may be indentured to an organisation as cooks or gardeners.

 

(ii)        Apprenticeship means an apprenticeship established under Division 2 of Part 3 of the Industrial and Commercial Training Act, 1989.

 

(iii)       The minimum rates of wages for apprentice cooks shall be the following percentages of the rate applicable to the classification of Cook Grade B as varied from time to time:

 

First year         60%

Second year   82½%

Third year       92½%.

 

(iv)       The minimum rates of wages for apprentice gardeners shall be the following percentages of the rate applicable for the classification of Gardener (Qualified) as varied from time to time:

 

First year         50%

Second year   60%

Third year       80%

Fourth year     90%.

 

(v)        Apprentices attending college for training shall be entitled to fares to and from home to college.

 

(vi)       An apprentice who obtains and hands to his/her employer a certificate or statement of having passed his/her first year technical college examination and in respect of whom a satisfactory report as to conduct, punctuality and progress is furnished shall be paid an allowance of the amount in Item 20 of Table 2 of Part B, Monetary Rates per week in addition to the rates prescribed in the ensuing twelve months, plus an additional allowance of the amount in Item 20 of Table 2, Part B, Monetary Rates per week if he/she passes each subsequent year.

 

(vii)      The ordinary hours of work for apprentices shall be as prescribed in clause 4, Hours.  No apprentice shall be permitted or required to perform work which would prevent the apprentice from attending classes at TAFE.

 

(viii)     No apprentice shall be permitted or required to lift or carry by hand a greater weight than:

 

Males                              Females

 

Under 16 years of age            14 kg                                         9 kg

Under 18 years of age            18 kg                                         11½ kg

Over 18 years of age              18 kg                                         16 kg.

 

37.  Termination of Employment

 

(i)         One week's notice of termination shall be given by the employer or the employee, respectively, but when the conduct of an employee justifies instant dismissal such notice of termination shall not apply; provided that should an employee fail to give the prescribed notice such employee shall be liable to the forfeiture of one week's wages.

 

(ii)        Provided that in the case of casual employees, one hour's notice shall apply.

 

(iii)       Where the services of an employee are terminated by the employer without due notice the employee shall be paid one week's salary in lieu thereof.

 

(iv)       Employees with a credit of time towards an allocated day off duty shall be paid for such accrual upon termination.

 

38.  Notice Board

 

(i)         The employer shall permit a notice board of reasonable dimensions to be erected in a prominent position upon which the Association representatives shall be permitted to post Association notices.

 

(ii)        The employer shall keep exhibited a copy of this award in accordance with Regulations of the Industrial Relations Act 1996.

 

39.  Accommodation and Amenities

 

(i)         The minimum standards as set out in the Factories (Health and Safety) General Regulations, as at 1 January 1993, made under the Factories, Shops and Industries Act 1962, shall be met in the provision of amenities to employees.

 

(ii)        Such amenities must include:

 

(a)        change rooms and lockers;

 

(b)        meal room;

 

(c)        facilities for boiling water, warming and refrigerating food and for washing and storing dining utensils;

 

(d)        rest room;

 

(e)        washing and bathing facilities; and

 

(f)         sanitary conveniences.

 

 

 

 

40.  Inspection of Lockers

 

Lockers may only be opened for inspection in the presence of the employee but in cases where the employee neglects or refuses to be present or in any circumstances where notice to the employee is impracticable, such inspection may be carried out in the absence of the employee by an officer of the employer and a union representative where practicable, otherwise by any two officers of the facility appointed by the employer for that purpose.

 

41.  Exemptions

 

This award shall not apply to:

 

(i)         Novices, aspirants or persons who have taken the vows of religious orders.

 

(ii)        Employees of the Spastic Centre of New South Wales to whom the terms of the Spastic Centre of New South Wales Employees' Enterprise (State) Award, and any variations thereto or replacements thereof, apply.

 

(iii)       Employees of Stewart House of South Curl, to whom the terms of the Registered Industrial Agreement No. 6299, and any variations thereto or replacements thereof, apply.

 

(iv)       Employees of Carrington Centennial Hospital for Convalescents at the Carrington Retirement Village of Camden, to whom the terms of the Registered Industrial Agreement No. 8634, and any variations thereto or replacements thereof, apply.

 

(v)        Employees of the Richmond Fellowship of New South Wales to whom the terms of the Richmond Fellowship of New South Wales (State) Award apply.

 

(vi)       Employees of the Royal Institute for Deaf and Blind Children, North Rocks whilst ever the terms of the Royal Institute for Deaf and Blind Children Employees' (State) Award apply to them.

 

(vii)      Employees of The Northcott Society whilst every they are applying to their employees the terms of The Northcott Society (State) Award.

 

(viii)     Employees of the following nursing homes, whilst ever these nursing homes are applying to their employees the terms of the Aged Care General Services (State) Award or any award replacing that award:

 

A.C. Mackie Nursing Home, Dillon Street, Paddington.

Austral House Nursing Home, 4 Austral Avenue, North Manly.

Buckland Nursing Home, 39 Hawkesbury Road, Springwood.

Bushlands Place Nursing Home, Bushlands Drive, Taree.

Cardinal Freeman Nursing Home, Clissold Street, Ashfield.

Castellorizian Nursing Home, 95 Todman Avenue, Kensington.

Castle Hill Nursing Home, 454 Old Northern Road, Dural.

Coffs Harbour Legacy Nursing Home, 55 Victoria Street, Coffs Harbour.

Courtlands Nursing Home, Walden Road, Parramatta.

Edinglassie Nursing Home, Emerald Street, Emu Plains.

Ex-Servicemen's Memorial Nursing Home, The Ridgeway, Bolton Point.

Fairview Nursing Home, Victoria Terrace, Moree.

Garden Suburbs Nursing Home, 7 Myall Road, Garden Suburbs.

I.O.O.F. Nursing Home, 7 Saunders Street, North Parramatta.

Jacaranda Nursing Home, 12-14 English Street, Cronulla.

James Milson Nursing Home, 55 High Street, North Sydney.

John and Helen Robinson Nursing Home, Belinda Street, Gerringong.

Leisure World Nursing Home, 93 Baumans Road, Peakhurst.

Loreto Home for the Aged Nursing Home, 367 Bronte Road, Waverley.

Lourdes Village Nursing Home, 95 Stanhope Road, Killara.

Lynvale Nursing Home, 55 Stokes Street, Lane Cove.

Mary Potter Nursing Home, Lewisham Avenue, Wagga Wagga.

Mayflower Nursing Home, 2 Helen Street, Westmead.

McCall Garden Colony Nursing Home, 10-32 Terrey Road, Box Hill.

Narla Village Nursing Home, 21 Lentara Road, Belmont North.

Ocean View Nursing Home, 2 Jenkin Street, Mona Vale.

Peakhurst Nursing Home, 18 Henry Lawson Drive, Peakhurst.

Pioneer House Nursing Home, 44 Court Street, Mudgee.

Pitt Wood Presbyterian Homes Nursing Home, Charlotte Street, Ashfield.

Roselands Nursing Home, 59-63 Karne Street, Beverly Hills.

Sir William Hudson Memorial Nursing Home, Buchan Parade, Cooma.

St. Luke's Nursing Home, 73 Roslyn Gardens, Elizabeth Bay.

Wesley Heights Nursing Home, 47 Birkley Road, Manly.

Wesley Lodge Nursing Home, 55 Bull Street, Mayfield.

Whitehall Nursing Home, 75B Maroo Avenue, Revesby.

Woodfield Nursing Home, 16 Stanton Road, Haberfield.

Woodstock Nursing Home, 88 Redmyre Road, Strathfield.

 

(ix)       Members of the Aged Services Association and/or the Catholic Commission for Employment Relations who have elected not to be covered by this award as at 1 September 1999 and who shall be covered by the Charitable, Aged and Disability Services (State) Award.

 

42.  Area, Incidence and Duration

 

(i)         This award was made following a review under section 19 of the Industrial Relations Act 1996.

 

(ii)        This award rescinds and replaces the Charitable Sector Aged and Disability Care Services (State) Award published 16 September 1994 (281 I.G. 1011) as varied and the Charitable Sector Aged and Disability Care Services Rates of Pay (State) Award published 1 November 1996 (295 I.G. 631) and all variations thereof.

 

(iii)       This award shall apply to all persons employed by or in or in connection with voluntary, religious, charitable and non-profit making private retirement villages, nursing homes and hostels for the aged in the private health, health-related and aged care industries and who come within the constitution rule of the Health and Research Employees’ Association of New South Wales.

 

(a)        Provided that, with respect to the Grand United Centenary Nursing Home, employees employed prior to 15 July 1996 shall continue to be entitled to receive any benefit or benefits contained in the Aged Care General Services (State) Award made 17 July 2000, as varied, which are greater than the benefit or benefits contained in this award.

 

(b)        Provided further that, with respect to the following nursing homes, however named:

 

Clarence Nursing Home, Grafton.

Frank Whiddon Masonic Nursing Home, Glenfield.

The Cedars Nursing Home, Casino.

Wingham Court Nursing Home, Wingham.

Narraburra Lodge Nursing Home, Temora (previously known as Greenstone Lodge Nursing Home, Temora),

 

employees employed prior to 4 September 1998, shall continue to be entitled to receive any benefit or benefits contained in the Aged Care General Services (State) Award made 17 July 2000, as varied, which are greater than the benefit or benefits contained in this award.

 

(c)        Provided further that, with respect to the following hostels for the aged, however, named:

 

A H Livingston House, Grafton.

Arthur Webb Court Hostel, Glenfield.

Birrungan Lodge Hostel.

Easton Park Hostel Units, Glenfield.

Easton Park New Hostel Units, Glenfield.

Greenstone Lodge, Temora.

Ilumba Gardens, Kelso.

Kyogle Court, Kyogle.

Lake Macquarie Retirement Village Hostel, Belmont.

Laurieton Haven Hostel, Laurieton.

Lower Clarence Retirement Village Hostel, Maclean.

Maas House, Glenfield.

Masonic Towers, Hornsby.

Namoi Valley Aged Care Hostel.

Primrose Court.

Redhead Gardens Hostel.

The Noel Warren Masonic Village.

Wingham Court, Wingham,

 

employees employed prior to 4 September 1998, shall be entitled to receive any benefit or benefits contained in the Aged Care General Services (State) Award made 17 July 2000, as varied, which are greater than the benefit or benefits contained in this award.

 

(d)        Provided further that, with respect to the following retirement villages, however, named:

 

Easton Park Retirement Village, Glenfield.

Frank Whiddon Masonic Homes, Glenfield.

Ilumba Gardens Retirement Village, Kelso.

Lake Macquarie Retirement Village.

Laurieton Haven Home for the Frail Aged.

Lower Clarence Retirement Village.

Maitland Retirement Village.

Namoi Valley Aged Care Complex.

Redhead Gardens Retirement Village.

 

employees employed prior to 4 September 1998, shall be entitled to receive any benefit or benefits contained in the Aged Care General Services (State) Award made 17 July 2000, as varied, which are greater than the benefit or benefits contained in this award.

 

(iv)       This award shall also apply to all persons employed by or in or in connection with voluntary, religious, charitable and other non-profit making private nursing homes and hostels for the disabled in the private disability services industry and who come within the Constitution Rule of Health and Research Employees' Association of New South Wales.

 

(v)        This award shall also apply to all persons employed by or in or in connection with other accommodation support services and/or community residential units for disabled persons owned, managed or conducted by voluntary, religious, charitable and other non-profit making organisations in the private disability services industry and who come within the Constitution Rule of the Health and Research Employees' Association of New South Wales.

 

(vi)       This award shall also apply to all persons employed in the following centres:

 

Ashton House, Maroubra Junction;

Ferguson Lodge, Lidcombe;

Foundation for Disabled, Llandilo;

Greystanes Children’s Home, Leura;

Handicapped Children’s Centre, Kirrawee;

Illawarra Society for Crippled Children;

Inala, Pennant Hills;

Kurinda Residential Services, Seven Hills;

Lonsdale House Hostel;

Lorna Hodgkinson Sunshine Home, Gore Hill;

Mannix Children’s Centre, Liverpool;

Multiple Sclerosis Society of NSW, Lidcombe;

Newcastle and District Association for Crippled Children;

Royal Far West Children’s Health Service & Services for the Aged;

Sunnyfield Association, Allambie Heights;

Whitehall Children’s Home, Revesby.

 

(vii)      Provided that this award shall not apply to persons substantially engaged in counselling, social welfare advice and referral, assessment of disability, design of disability services programmes, or community development work in connection with services for the disabled or social workers or social educators properly so-called; provided this exclusion does not apply to persons eligible to become members of the Health and Research Employees' Association who are employed as residential care workers, and persons primarily engaged in supervising the work performed by disabled persons, or in domestic duties in Sheltered Workshops for the disabled.

 

(viii)     The variation, made on 18 February 1997, deleting the Grand United War Memorial Nursing Home from the list in subclause (viii) of clause 41, Exemptions, and adding the proviso to subclause (iii) of clause 42, Area, Incidence and Duration shall take effect on and from 22 January 1997.

 

(ix)       The variation applying to the nursing homes, hostels and retirement villages run by Frank Whiddon Masonic Homes shall take effect on and from 4 September 1998.

 

(x)        This award shall take effect on and from the beginning of the first pay period to commence on or after 14 May 2001 and it shall have a nominal term of 18 months.

 

PART B

 

TABLE 1 - MONETARY RATES

	Current	SWC 2000	Wage Rate
	Wage Rate	adjustment	as from
	$/week	$/week	3.12.2000
			$/week
CLERICAL SERVICES -
Clerks -
Clerk - Junior -
At 16 years of age or under	$    237.40	3.1%	$    244.80
At 17 years of age	$    271.60	3.1%	$    280.00
At 18 years of age	$    313.30	3.1%	$    323.00
At 19 years of age	$    354.70	3.1%	$    365.70
At 20 years of age	$    392.10	3.1%	$    404.30
Clerk - Grade 1 -
At 21 years of age or first year of service	$    429.30	$    15.00	$    444.30
Second year of service	$    440.10	$     15.00	$    455.10
Third year of service	$    454.70	$     15.00	$    469.70
Fourth year of service	$    464.70	$     15.00	$    479.70
Fifth year of service and thereafter	$    474.70	$     15.00	$    489.70
Clerk - Senior (Item 21, Table 2) -
At 18 years but less than 21 years	$       4.90	3.1%	$       5.10
At 21 years and over	$     10.90	3.1%	$     11.20
Clerk - Next Senior (Item 22, Table 2) -
At 18 years but less than 21 years	$       1.10	3.1%	$       1.10
At 21 years and over	$       4.90	3.1%	$       5.10
Clerk - Grade 2 -
First year of service	$    489.30	$     15.00	$    504.30
Second year of service and thereafter	$    504.30	$     15.00	$    519.30
Clerk - Grade 3 -
First year of service	$    519.60	$     15.00	$    534.60
Second year of service & thereafter	$    532.90	$     15.00	$    547.90
Clerk - Grade 4 -
First year of service	$    545.70	$     15.00	$    560.70
Second year of service & thereafter	$    557.50	$     15.00	$    572.50
Clerk - Grade 5 -
First year of service	$    573.10	$     15.00	$    588.10
Second year of service & thereafter	$    583.60	$     15.00	$    598.60
Clerk - Grade 6 -
First year of service	$    601.00	$     15.00	$    616.00
Second year of service & thereafter	$    614.50	$     15.00	$    629.50
Clerk - Grade 7 -
First year of service	$    635.00	$     15.00	$    650.00
Second year of service & thereafter	$    650.90	$     15.00	$    665.90
Clerk - Grade 8 -
First year of service	$    696.00	$     15.00	$    711.00
Second year of service & thereafter	$    716.40	$     15.00	$    731.40
General Scale -
First year of service or under 17 years of age	$    241.00	3.1%	$    248.50
Second year of service or age 17 yrs	$    279.00	3.1%	$    287.60
Third year of service or age 18 yrs	$    313.40	3.1%	$    323.10
Fourth year of service or age 19 yrs	$    354.70	3.1%	$    365.70
Fifth year of service or age 20 yrs	$    386.00	3.1%	$    398.00
Sixth year of service or age 21 yrs	$    440.10	$     15.00	$    455.10
Seventh year of service	$    448.50	$     15.00	$    463.50
Eighth year of service	$    458.40	$     15.00	$    473.40
Ninth year of service	$    492.40	$     15.00	$    507.40
Tenth year of service	$    500.00	$     15.00	$    515.00
Eleventh year of service	$    512.60	$     15.00	$    527.60
Twelfth year of service & thereafter	$    519.90	$     15.00	$    534.90
Grade 1 -
First year of service	$    545.70	$     15.00	$    560.70
Second year of service & thereafter	$    557.50	$     15.00	$    572.50
Grade 2 -
First year of service	$    573.00	$     15.00	$    588.00
Second year of service & thereafter	$    583.60	$     15.00	$    598.60
Grade 3 -
First year of service	$    601.00	$     15.00	$    616.00
Second year of service & thereafter	$    614.50	$     15.00	$    629.50
Typists and Communication Assistants -
General Scale -
First year of service or under 17 yrs of age	$    228.00	3.1%	$    235.10
Second year of service or age 17 yrs	$    265.60	3.1%	$    273.80
Third year of service or age 18 yrs	$    301.40	3.1%	$    310.70
Typists and Communication Assistants -
General Scale - (continued)
Fourth year of service or age 19 yrs	$    343.30	3.1%	$    353.90
Fifth year of service or age 20 yrs	$    375.60	3.1%	$    387.20
Sixth year of service or age 21 yrs	$    430.40	$     15.00	$    445.40
Seventh year of service	$    440.70	$     15.00	$    455.70
Eighth year of service & thereafter	$    448.50	$     15.00	$    463.50
Senior Typists -
First year of service	$    462.40	$     15.00	$    477.40
Second year of service & thereafter	$    472.60	$     15.00	$    487.60
Clerical Assistants -
Office Assistant and Ward Hostess)
General Scale -
First year of service or under 17 years of age	$    214.90	3.1%	$    221.60
Second year of service or age 17 yrs	$    253.20	3.1%	$    261.00
Third year of service or age 18 yrs	$    289.40	3.1%	$    298.40
Fourth year of service or age 19 yrs	$    331.90	3.1%	$    342.20
Fifth year of service or age 20 yrs	$    365.90	3.1%	$    377.20
Sixth year of service or age 21 yrs	$    420.50	$     15.00	$    435.50
Seventh year of service	$    431.10	$     15.00	$    446.10
Eighth year of service	$    441.20	$     15.00	$    456.20
Ninth year of service and thereafter	$    448.50	$     15.00	$    463.50
Class 1 -
First year of service	$    462.40	$     15.00	$    477.40
Second year of service & thereafter	$    472.60	$     15.00	$    487.60
Class 2 -
First year of service	$    490.20	$     15.00	$    505.20
Second year of service & thereafter	$    499.90	$     15.00	$    514.90
Class 3 -
First year of service	$    509.40	$     15.00	$    524.40
Second year of service & thereafter	$    518.70	$     15.00	$    533.70
Class 4 -
First year of service	$    526.70	$     15.00	$    541.70
Second year of service & thereafter	$    536.60	$     15.00	$    551.60

 

Special Allowances

 

1.          All adult employees classified within the General Scale (or Grade 1 in the case of Clerks or Class 1 in the case of Clerical Assistants) who are required in the performance of their duties to handle and be responsible for monies and the issuing of receipts for same, shall be paid a weekly allowance in the nature of salary of the amount set out in Item 23 of Table 2, Other Rates and Allowances.

 

2.          Junior employees 18 years of age and over in the same circumstances, shall be paid an allowance in the nature of salary of the amount set out in Item 24 of Table 2, Other Rates and Allowances.

 

GENERAL AND PERSONAL CARE SERVICES -

 

Wardsman -
First year of service	$    457.60	$     15.00	$    472.60
Second year of service and thereafter	$    460.70	$     15.00	$    475.70
Hostel Supervisor -
Grade 1 - less than 50 beds	$    489.30	$     15.00	$    504.30
Grade 2 - 50 beds but less than 75 beds	$    504.40	$     15.00	$    519.40
Grade 3 - 75 beds but less than 100 beds	$    519.60	$     15.00	$    534.60
Grade 4 - 100 beds and over	$    532.40	$     15.00	$    547.40
Personal Care Assistant -
Grade 1	$    435.00	$     15.00	$    450.00
Grade 2	$    446.10	$     15.00	$    461.10
Housekeeper -
Under 100 beds	$    465.10	$     15.00	$    480.10
100 beds but less than 200 beds	$    468.10	$     15.00	$    483.10
200 beds but less than 300 beds	$    471.90	$     15.00	$    486.90
300 beds but less than 400 beds	$    476.00	$     15.00	$    491.00
400 beds but less than 500 beds	$    484.50	$     15.00	$    499.50
500 beds and over	$    492.60	$     15.00	$    507.60
Assistant Housekeeper -
Under 100 beds	$    449.60	$     15.00	$    464.60
100 beds but less than 200 beds	$    454.80	$     15.00	$    469.80
200 beds but less than 300 beds	$    459.00	$     15.00	$    474.00
300 beds but less than 400 beds	$    462.90	$     15.00	$    477.90
400 beds but less than 500 beds	$    469.40	$     15.00	$    484.40
500 beds and over	$    477.40	$     15.00	$    492.40
General Service Officer -
General Service Officer Grade 1 -
Junior (under 18 years)	$    364.00	3.1%	$    375.30
Adult (18 years and over)	$    435.00	$     15.00	$    450.00
General Service Officer Grade 2	$    446.10	$     15.00	$    461.10
General Service Officer Grade 3	$    454.50	$     15.00	$    469.50
General Service Officer Grade 4 -
First year of service	$    465.90	$     15.00	$    480.90
Second year of service	$    473.80	$     15.00	$    488.80
Third year of service & thereafter	$    483.30	$     15.00	$    498.30

 

If in possession of the Laundry and Dry Cleaning Certificate, an allowance in the nature of salary as set out in 

 

Item 25 of Table 2 shall be paid.

 

Recreational Activities Officer -
First year of service	$    473.80	$     15.00	$    488.80
Second year of service	$    483.30	$     15.00	$    498.30
Third year of service and thereafter	$    491.00	$     15.00	$    506.00
Diversional Therapist -
First year of experience	$    469.00	$     15.00	$    484.00
Second year of experience	$    493.30	$     15.00	$    508.30
Third year of experience	$    517.20	$     15.00	$    532.20
Fourth year of experience	$    539.20	$     15.00	$    554.20
Fifth year of experience and thereafter	$    562.20	$     15.00	$    577.20

 

Years of experience shall mean experience in the classification of Diversional Therapist as defined in clause

2, Definitions of this award and/or the Aged Care General Services Rates of Pay (State) Award or any awards replacing these awards and will be recognised for level of entry and for incremental progression.

 

The anniversary date for the purposes of incremental progression for employees who have transferred from

Recreational Activities Officer to Diversional Therapist in accordance with the transfer scale in force as at

30 September, 1993 shall be 30th September each year.

 

CATERING SERVICES -

 

Catering Officer -
Grade 5 -  80 beds but less than 120 beds	$    545.30	$     15.00	$    560.30
Grade 6 - 120 beds but less than 200 beds	$    560.90	$     15.00	$    575.90
Grade 7 - 200 beds but less than 300 beds	$    576.40	$     15.00	$    591.40
Grade 8 - 300 beds but less than 500 beds	$    606.20	$     15.00	$    621.20
Grade 9 - 500 beds but less than 1,000 beds	$    656.10	$     15.00	$    671.10
Grade 11 -1,000 beds and over	$    706.00	$     15.00	$    721.00
Assistant Catering Officer -
Grade 2 - 80 but less than 120 beds	$    490.10	$     15.00	$    505.10
Grade 3 - 120 beds but less than 300 beds	$    521.40	$     15.00	$    536.40
Grade 6 - 300 beds but less than 500 beds	$    560.90	$     15.00	$    575.90
Grade 7 - 500 beds but less than 1,000 beds	$    576.40	$     15.00	$    591.40
Grade 8 - 1,000 beds and over	$    606.20	$     15.00	$    621.20
Trainee Catering Officer -
Junior -
At 16 years of age and under	$    261.60	3.1%	$    269.70
At 17 years of age	$    301.50	3.1%	$    310.80
At 18 years of age	$    342.80	3.1%	$    353.40
At 19 years of age	$    389.50	3.1%	$    401.60
At 20 years of age	$    428.10	3.1%	$    441.40
Adult -
First year of training	$    466.30	$     15.00	$    481.30
Second year of training	$    475.20	$     15.00	$    490.20
Third year of training	$    485.20	$     15.00	$    500.20
Chef -
Grade A (2000 meals or more per day)	$    504.70	$     15.00	$    519.70
Grade B (Less than 2000 meals but 1000
or more meals per day)	$    495.10	$     15.00	$    510.10
Grade C (Less than 1000 meals per day)	$    485.50	$     15.00	$    500.50
Cook -
Grade A	$    477.20	$     15.00	$    492.20
Grade B	$    467.40	$     15.00	$    482.40
Butcher	$    493.30	$     15.00	$    508.30

 

SUPPORT SERVICES -

 

Laundry Foreperson -
Grade A	$    486.70	$     15.00	$    501.70
Grade B	$    474.70	$     15.00	$    489.70
Grade C	$    463.40	$     15.00	$    478.40

 

If in possession of the Laundry and Dry Cleaning Certificate an allowance in the nature of salary as set in

Item 25 of Table 2 shall be paid.

 

Maintenance Supervisor -
Maintenance Supervisor (Tradesman)	$    574.00	$     15.00	$    589.00
Maintenance Supervisor (Otherwise),
in charge of staff	$    539.50	$     15.00	$    554.50
Maintenance Supervisor (Otherwise)	$    527.60	$     15.00	$    542.60
Motor Vehicle Drivers -
Grade A - Sedan	$    465.20	$     15.00	$    480.20
Grade B - Utility	$    468.40	$     15.00	$    483.40
Grade C - Ambulance or Minibus	$    471.50	$     15.00	$    486.50
Grade D - Larger Vehicle under 5 tonnes	$    473.60	$     15.00	$    488.60
Grade E - Truck 5 tonnes and over	$    476.50	$     15.00	$    491.50
Gardener -
Head Gardener (Qualified)	$    507.60	$     15.00	$    522.60
Head Gardener (Otherwise)	$    480.70	$     15.00	$    495.70
Gardener (Qualified)	$    468.60	$     15.00	$    483.60
Gardener (Otherwise)	$    456.60	$     15.00	$    471.60
APPRENTICES -
Apprentice Cook -
First year	$    280.40	60% of Cook B	$    289.40
Second year	$    385.60	82½% of Cook B	$    398.00
Third year	$    432.30	92½% of Cook B	$    446.20
Apprentice Gardener
First year		50% of Gardener
	$    234.30	(Qualified)	$    241.80
Second year		60% of Gardener
	$    281.20	(Qualified)	$    290.20
Third year		80% of Gardener
	$    374.90	(Qualified)	$    386.90
Fourth year		90% of Gardener
	$    421.70	(Qualified)	$    435.20

 

Table 2 - Other Rates and Allowances

 

(Effective 3 December 2000)

 

Item No	Clause Number	Brief Description	Amount $
1	4 (xi) (c) & 11 (iv)	Broken shift	5-69 per shift
2	6 (iii) (a)	Overtime - Breakfast Allowance	8-80 per meal
3	6 (iii) (b)	Overtime - Luncheon Allowance	11-40 per meal
4	6 (iii) (c)	Overtime - Evening Meal Allowance	16-70 per meal
5	7 (iii) (b)	Overtime - recall - use of own vehicle - over 1600 cc - under 1600 cc	24.5 cents per km 20.6 cents per km
6	10 (i)	Climatic and Isolation Allowance	3-70 per week
7	10 (ii)	Climatic and Isolation Allowance	7-00 per week
8	12 (i) (a)	Driving Allowance	3-60 per week 3-60 per shift
9	12 (ii) (a)	Cleaning/Scraping Work - confined spaces	0-35 per hour
10	12 (ii) (b)	Cleaning/Scraping Work - boiler, flue	0-55 per hour
11	12 (iv)	Linen Handling - nauseous nature	0-17 per hour
12	22 (ii)	Leading Hand Allowance - in charge of 2-5 employees	15-20 per week
13	22 (ii)	Leading Hand Allowance - in charge of 6-10 employees	21-50 per week
14	22 (ii)	Leading Hand Allowance- in charge of 11-15 employees	27-20 per week
15	22 (ii)	Leading Hand Allowance-in charge of 16-19 employee	33-20 per week
16	24 (i) (c)	Uniform Allowance	1-80 per week
17	24 (i) (c)	Cardigan and Special Shoe Allowances	0-70 per week
18	24 (i) (d)	Laundry Allowance - Uniform	1-00 per week
19	25 (ii) (d)	Sleepover Allowance	28-10 per night
20	36 (vi)	Apprentice - TAFE examination allowances	1-40 per week
21	Part B -Table 1	Clerk - Senior Allowance - At 18 years but less than 21 years - At 21 years and over	5.10 per week 11-20 per week
22	Part B -Table 1	Clerk - Next Senior Allowance - At 18 years but less than 21 years - At 21 years and over	1-20 per week 5-10 per week
23	Part B -Table 1	Money Handling Allowance - Adult	9-00 per week
24	Part B -Table 1	Money Handling Allowance - Junior	4-20 per week
25	Part B -Table 1	Laundry & Dry-Cleaning Certificate Allowance	5-70 per week

 

 

 

 

J. P. GRAYSON  D.P.

 

____________________

 

 

 

 

Printed by the authority of the Industrial Registrar.